Florida Statute 166.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 166
MUNICIPALITIES

View Entire Chapter

F.S. 166.021

166.021 Powers.—

(1) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law.

(2) “Municipal purpose” means any activity or power which may be exercised by the state or its political subdivisions.

(3) The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of the State Constitution, the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state Legislature may act, except:

(a) The subjects of annexation, merger, and exercise of extraterritorial power, which require general or special law pursuant to s. 2(c), Art. VIII of the State Constitution;

(b) Any subject expressly prohibited by the constitution;

(d) Any subject preempted to a county pursuant to a county charter adopted under the authority of ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution.

(4) The provisions of this section shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the constitution. It is the further intent of the Legislature to extend to municipalities the exercise of powers for municipal governmental, corporate, or proprietary purposes not expressly prohibited by the constitution, general or special law, or county charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited. However, nothing in this act shall be construed to permit any changes in a special law or municipal charter which affect the exercise of extraterritorial powers or which affect an area which includes lands within and without a municipality or any changes in a special law or municipal charter which affect the creation or existence of a municipality, the terms of elected officers and the manner of their election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates, the distribution of powers among elected officers, matters prescribed by the charter relating to appointive boards, any change in the form of government, or any rights of municipal employees, without approval by referendum of the electors as provided in s. 166.031. Any other limitation of power upon any municipality contained in any municipal charter enacted or adopted prior to July 1, 1973, is hereby nullified and repealed.

(5) All existing special acts pertaining exclusively to the power or jurisdiction of a particular municipality except as otherwise provided in subsection (4) shall become an ordinance of that municipality on the effective date of this act, subject to modification or repeal as other ordinances.

(6) The governing body of a municipality may require that any person within the municipality demonstrate the existence of some arrangement or contract by which such person will dispose of solid waste in a manner consistent with the ordinances of the county or municipality or state or federal law. For any person who will produce special wastes or biomedical waste, as the same may be defined by state or federal law or county or city ordinance, the municipality may require satisfactory proof of a contract or similar arrangement by which special or biomedical wastes will be collected by a qualified and duly licensed collector and disposed of in accordance with the laws of Florida or the Federal Government.

(7) Entities that are funded wholly or in part by the municipality, at the discretion of the municipality, may be required by the municipality to conduct a performance audit paid for by the municipality. An entity shall not be considered as funded by the municipality by virtue of the fact that such entity utilizes the municipality to collect taxes, assessments, fees, or other revenue. If an independent special district receives municipal funds pursuant to a contract or interlocal agreement for the purposes of funding, in whole or in part, a discrete program of the district, only that program may be required by the municipality to undergo a performance audit.

(8)(a) The Legislature finds and declares that this state faces increasing competition from other states and other countries for the location and retention of private enterprises within its borders. Furthermore, the Legislature finds that there is a need to enhance and expand economic activity in the municipalities of this state by attracting and retaining manufacturing development, business enterprise management, and other activities conducive to economic promotion, in order to provide a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing power and employment opportunities for the residents of this state, and to improve the welfare and competitive position of the state. The Legislature declares that it is necessary and in the public interest to facilitate the growth and creation of business enterprises in the municipalities of the state.

(b) The governing body of a municipality may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the governing body of a municipality, including any powers not specifically prohibited by law which can be exercised by the governing body of a municipality, shall be liberally construed in order to effectively carry out the purposes of this subsection.

(c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community.

(d) A contract between the governing body of a municipality or other entity engaged in economic development activities on behalf of the municipality and an economic development agency must require the agency or entity receiving municipal funds to submit a report to the governing body of the municipality detailing how the municipal funds are spent and detailing the results of the economic development agency’s or entity’s efforts on behalf of the municipality. By January 15, 2011, and annually thereafter, the municipality shall file a copy of the report with the Office of Economic and Demographic Research and post a copy of the report on the municipality’s website.

(e)1. By January 15, 2011, and annually thereafter, each municipality having annual revenues or expenditures greater than $250,000 shall report to the Office of Economic and Demographic Research the economic development incentives in excess of $25,000 given to any business during the municipality’s previous fiscal year. The Office of Economic and Demographic Research shall compile the information from the municipalities into a report and provide the report to the President of the Senate, the Speaker of the House of Representatives, and the Department of Commerce. Economic development incentives include:

a. Direct financial incentives of monetary assistance provided to a business from the municipality or through an organization authorized by the municipality. Such incentives include, but are not limited to, grants, loans, equity investments, loan insurance and guarantees, and training subsidies.

b. Indirect incentives in the form of grants and loans provided to businesses and community organizations that provide support to businesses or promote business investment or development.

c. Fee-based or tax-based incentives, including, but not limited to, credits, refunds, exemptions, and property tax abatement or assessment reductions.

d. Below-market rate leases or deeds for real property.

2. A municipality shall report its economic development incentives in the format specified by the Office of Economic and Demographic Research.

3. The Office of Economic and Demographic Research shall compile the economic development incentives provided by each municipality in a manner that shows the total of each class of economic development incentives provided by each municipality and all municipalities.

(f) This subsection does not limit the home rule powers granted by the State Constitution to municipalities.

(9)(a) As used in this subsection, the term:

1. “Authorized person” means a person:

a. Other than an officer or employee, as defined in this paragraph, whether elected or commissioned or not, who is authorized by a municipality or agency thereof to incur travel expenses in the performance of official duties;

b. Who is called upon by a municipality or agency thereof to contribute time and services as consultant or advisor; or

c. Who is a candidate for an executive or professional position with a municipality or agency thereof.

2. “Employee” means an individual, whether commissioned or not, other than an officer or authorized person as defined in this paragraph, who is filling a regular or full-time authorized position and is responsible to a municipality or agency thereof.

3. “Officer” means an individual who, in the performance of his or her official duties, is vested by law with sovereign powers of government and who is either elected by the people, or commissioned by the Governor and who has jurisdiction extending throughout the municipality, or any person lawfully serving instead of either of the foregoing two classes of individuals as initial designee or successor.

4. “Traveler” means an officer, employee, or authorized person, when performing travel authorized by a municipality or agency thereof.

(b) Notwithstanding s. 112.061, the governing body of a municipality or an agency thereof may provide for a per diem and travel expense policy for its travelers which varies from the provisions of s. 112.061. Any such policy provided by a municipality or an agency thereof on January 1, 2003, shall be valid and in effect for that municipality or agency thereof until otherwise amended. A municipality or agency thereof that provides any per diem and travel expense policy pursuant to this subsection shall be deemed to be exempt from all provisions of s. 112.061. A municipality or agency thereof that does not provide a per diem and travel expense policy pursuant to this subsection remains subject to all provisions of s. 112.061.

(c) Travel claims submitted by a traveler in a municipality or agency thereof which is exempted from the provisions of s. 112.061, pursuant to paragraph (b), shall not be required to be sworn to before a notary public or other officer authorized to administer oaths, but any claim authorized or required to be made under any per diem and travel expense policy of a municipality or agency thereof must contain a statement that the expenses were actually incurred by the traveler as necessary travel expenses in the performance of official duties and shall be verified by a written declaration that it is true and correct as to every material matter; and any person who willfully makes and subscribes any such claim that he or she does not believe to be true and correct as to every material matter, or who willfully aids or assists in, or procures, counsels, or advises the preparation or presentation of such a claim that is fraudulent or is false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such claim, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Whoever receives an allowance or reimbursement by means of a false claim is civilly liable in the amount of the overpayment for the reimbursement of the public fund from which the claim was paid.

History.—s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207; s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37; s. 1, ch. 2003-125; s. 2, ch. 2010-147; s. 22, ch. 2011-34; s. 60, ch. 2011-142; s. 3, ch. 2011-143; s. 36, ch. 2024-6.

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Amendments to 166.021

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 166.021

Level: Degree
Misdemeanor/Felony: First/Second/Third

S166.021 9c - FRAUD-FALSE STATEMENT - MAKE AID FALSE MUNICIPAL TRAVEL CLAIM - M: S

S166.021 10c - FRAUD-FALSE STATEMENT - RENUMBERED. SEE RECORD # 7259 - M: S

Cases Citing Statute 166.021

Total Results: 232

City of Miami Beach v. Rocio Corp.

404 So. 2d 1066

District Court of Appeal of Florida | Filed: Apr 7, 1981 | Docket: 1782320

Cited 103 times | Published

powers other than those so expressly prohibited. § 166.021, Fla. Stat. (1979). The City of Miami Beach then

City of Daytona Beach v. Del Percio

476 So. 2d 197, 10 Fla. L. Weekly 458

Supreme Court of Florida | Filed: Aug 30, 1985 | Docket: 166287

Cited 63 times | Published

by the state or its political subdivisions." § 166.021(2), Fla. Stat. (1983). "[T]he legislative body

Tribune Co. v. Cannella

458 So. 2d 1075

Supreme Court of Florida | Filed: Sep 6, 1984 | Docket: 1452173

Cited 63 times | Published

regulatory scheme... . Florida law, under section 166.021, Florida Statutes (1981), which cites article

City of Boca Raton v. State

595 So. 2d 25

Supreme Court of Florida | Filed: Feb 27, 1992 | Docket: 383893

Cited 58 times | Published

the City of Miami Beach on the premise that section 166.021(1) now authorized municipalities to exercise

City of Boca Raton v. Gidman

440 So. 2d 1277, 1983 Fla. LEXIS 2904

Supreme Court of Florida | Filed: Nov 10, 1983 | Docket: 1430093

Cited 54 times | Published

general or special law, or county charter... ." § 166.021(4), Fla. Stat. (1979). The court held that the

Thomas v. State

614 So. 2d 468, 1993 WL 1330

Supreme Court of Florida | Filed: Jan 7, 1993 | Docket: 449340

Cited 51 times | Published

Towers, Inc., 305 So.2d 764, 766 (Fla. 1974). Section 166.021(3)(c) expressly excludes from municipalities'

City of Miami Beach v. Forte Towers, Inc.

305 So. 2d 764

Supreme Court of Florida | Filed: Oct 9, 1974 | Docket: 457110

Cited 50 times | Published

court having expressly held unconstitutional F.S. § 166.021 relating to municipal home rule (a portion of

American Home Assur. v. NAT. RR CORP.

908 So. 2d 459, 2005 WL 1580639

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1397399

Cited 39 times | Published

limited only when "expressly prohibited by law." § 166.021(1), Fla. Stat. (1997). Given this broad grant

Barragan v. City of Miami

545 So. 2d 252, 1989 WL 38852

Supreme Court of Florida | Filed: Apr 20, 1989 | Docket: 160620

Cited 39 times | Published

the district court of appeal in this case. Section 166.021(3)(c), Florida Statutes (1987), which is part

Florida City Police Dept. v. Corcoran

661 So. 2d 409, 1995 Fla. App. LEXIS 10928, 1995 WL 608228

District Court of Appeal of Florida | Filed: Oct 18, 1995 | Docket: 2516208

Cited 37 times | Published

sued. See Art. VIII, § 2(b), Fla. Const. (1968); § 166.021, Fla. Stat. (Supp. 1994); 13 Fla.Jur.2d Counties

City of Temple Terrace v. HILLSBOROUGH ASS'N, ETC.

322 So. 2d 571, 1975 Fla. App. LEXIS 18792

District Court of Appeal of Florida | Filed: Oct 10, 1975 | Docket: 1734690

Cited 32 times | Published

Powers Act. Included in this act was Fla. Stat. § 166.021(4) (1973) which stated: "The provisions of this

City of Gainesville v. STATE, DOT

778 So. 2d 519, 2001 WL 209068

District Court of Appeal of Florida | Filed: Mar 5, 2001 | Docket: 1290355

Cited 31 times | Published

provided by law." Art. VIII, § 2(b), Fla. Const. See § 166.021(1), Fla. Stat. (2000); Contractors and Builders

Edwards v. State

422 So. 2d 84

District Court of Appeal of Florida | Filed: Nov 19, 1982 | Docket: 1739978

Cited 30 times | Published

.. Ch. 73-331, Laws of Fl. However, under section 166.021(3)(c), Florida Statutes (1981), the legislative

HILLSBOROUGH ASS'N ETC. v. City of Temple Terrace

332 So. 2d 610

Supreme Court of Florida | Filed: May 12, 1976 | Docket: 1691877

Cited 27 times | Published

settling intergovernmental disputes. [4] Section 166.021(4), Fla. Stat. (1973). [5] See, Note, Governmental

State v. City of Miami

379 So. 2d 651

Supreme Court of Florida | Filed: Jan 24, 1980 | Docket: 1277194

Cited 21 times | Published

of *654 Miami which have been nullified by section 166.021(4), Florida Statutes (1977). The Municipal

City of Hollywood v. Mulligan

934 So. 2d 1238, 31 Fla. L. Weekly Supp. 461, 2006 Fla. LEXIS 1476, 2006 WL 1837930

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 1461223

Cited 20 times | Published

rule powers. Art. VIII, § 2(b), Fla. Const.; § 166.021(1), (3)(c), (4), Fla. Stat. (1999).[3] Under its

Tribune Co. v. Cannella

438 So. 2d 516

District Court of Appeal of Florida | Filed: Sep 30, 1983 | Docket: 1731769

Cited 20 times | Published

Constitutional Law, § 291. Florida law, under section 166.021, Florida Statutes (1981), which cites article

Madison County v. Foxx

636 So. 2d 39, 1994 WL 33791

District Court of Appeal of Florida | Filed: Feb 9, 1994 | Docket: 1715334

Cited 16 times | Published

The statutes involved in City of Boca Raton, section 166.021, Florida Statutes and Chapter 170, contain

Retail Credit Company v. Dade County, Florida

393 F. Supp. 577

District Court, S.D. Florida | Filed: Apr 25, 1975 | Docket: 1012464

Cited 14 times | Published

state or its political subdivisions. Fla. Stat. § 166.021(2) (1973). Since the subject matter of Dade County

Ragucci v. City of Plantation

407 So. 2d 932

District Court of Appeal of Florida | Filed: Dec 2, 1981 | Docket: 1515405

Cited 13 times | Published

Powers Act upon the City Charter is recited in Section 166.021(4) and (5), Florida Statutes (1977): (4) The

BD. OF TRUSTEES OF CITY OF DUNEDIN v. Dulje

453 So. 2d 177

District Court of Appeal of Florida | Filed: Jul 20, 1984 | Docket: 1163318

Cited 12 times | Published

pre-empt ordinance number 80-42 as required by section 166.021(3)(c), Florida Statutes (1981) and, therefore

Tweed v. City of Cape Canaveral

373 So. 2d 408, 1979 Fla. App. LEXIS 15238

District Court of Appeal of Florida | Filed: Jul 25, 1979 | Docket: 1772439

Cited 12 times | Published

different conclusion in this case because Section 166.021, Florida Statutes (1973)[1] effectively redefines

Florida League of Cities, Inc. v. Department of Insurance and Treasurer

540 So. 2d 850, 1989 WL 15937

District Court of Appeal of Florida | Filed: Feb 28, 1989 | Docket: 1688946

Cited 11 times | Published

section 2 of the Florida Constitution, and section 166.021(1), Florida Statutes (League's Initial Brief

City of Ormond Beach v. County of Volusia

535 So. 2d 302, 1988 WL 123678

District Court of Appeal of Florida | Filed: Nov 23, 1988 | Docket: 1306125

Cited 11 times | Published

by the state or its political subdivisions." § 166.021(2), Fla. Stat. (1987). However, it must be an

James v. City of Sarasota, Fla.

611 F. Supp. 25

District Court, M.D. Florida | Filed: May 24, 1985 | Docket: 1831635

Cited 11 times | Published

Florida Municipal Home Rule Powers Act, Fla.Stat. § 166.021 which requires a referendum to change election

Gaines v. City of Orlando

450 So. 2d 1174, 1984 Fla. App. LEXIS 12910

District Court of Appeal of Florida | Filed: May 3, 1984 | Docket: 1433620

Cited 11 times | Published

involves the exercise of extraterritorial powers. Section 166.021, Florida Statutes (1983), while granting cities

Barry v. Garcia

573 So. 2d 932, 1991 WL 2803

District Court of Appeal of Florida | Filed: Jan 15, 1991 | Docket: 1518838

Cited 10 times | Published

2 of the Florida Constitution (1968), and Section 166.021(1), (4), Florida Statutes (1987), as giving

City of Winter Park v. Jones

392 So. 2d 568, 1980 Fla. App. LEXIS 17292

District Court of Appeal of Florida | Filed: Oct 1, 1980 | Docket: 2444799

Cited 10 times | Published

VIII, Section 2(b), Florida Constitution; Section 166.021(3)(c), Florida Statutes (1979). See, also,

Town of Indian River Shores v. Coll

378 So. 2d 53

District Court of Appeal of Florida | Filed: Dec 5, 1979 | Docket: 1795197

Cited 10 times | Published

no longer operative in Florida in view of Section 166.021(4), Florida Statutes (1977).[2] In a recent

Bush v. Holmes

886 So. 2d 340, 2004 WL 2566078

District Court of Appeal of Florida | Filed: Nov 12, 2004 | Docket: 1379958

Cited 9 times | Published

section 2(b) of the Florida Constitution, and section 166.021(4), Florida Statutes (1979), to act for a "municipal

City of Casselberry v. ORANGE CTY. POLICE

482 So. 2d 336, 11 Fla. L. Weekly 28

Supreme Court of Florida | Filed: Jan 9, 1986 | Docket: 1769220

Cited 9 times | Published

general or special law, or county charter. See § 166.021(4), Fla. Stat. (1979). Thus whenever a municipality

City of Winter Park v. Montesi

448 So. 2d 1242

District Court of Appeal of Florida | Filed: Apr 26, 1984 | Docket: 429422

Cited 9 times | Published

grant of power given to municipalities in section 166.021: (1) As provided in article VIII, section 2(b)

City of Venice v. Valente

429 So. 2d 1241

District Court of Appeal of Florida | Filed: Mar 25, 1983 | Docket: 1667670

Cited 8 times | Published

City of Sunrise, 354 So.2d 1206 (Fla. 1978). Section 166.021(2), Florida Statutes (1981), defines "municipal

City of Palm Bay v. Wells Fargo Bank, N.A.

114 So. 3d 924, 38 Fla. L. Weekly Supp. 322, 2013 WL 2096257, 2013 Fla. LEXIS 1000

Supreme Court of Florida | Filed: May 16, 2013 | Docket: 60232017

Cited 7 times | Published

VIII, section 2(b), Florida Constitution, section 166.021, Florida Statutes and Chapter 162, Florida

City of Tampa v. Braxton

616 So. 2d 554, 1993 WL 95600

District Court of Appeal of Florida | Filed: Mar 31, 1993 | Docket: 1726498

Cited 7 times | Published

4, Art. X of the State Constitution. [2] Section 166.021(3): (a) The subjects of annexation, merger

State v. City of Panama City Beach

529 So. 2d 250, 13 Fla. L. Weekly 343, 1988 Fla. LEXIS 641, 1988 WL 53529

Supreme Court of Florida | Filed: May 26, 1988 | Docket: 1523813

Cited 7 times | Published

of Boca Raton, 172 So.2d 230 (Fla. 1965). Section 166.021, Florida Statutes (1985), now provides in pertinent

WEST PALM BEACH ASSOCIATION OF FIREFIGHTERS v. Bd. of City Comm'rs

448 So. 2d 1212

District Court of Appeal of Florida | Filed: Apr 25, 1984 | Docket: 429483

Cited 7 times | Published

to preemption by implication) required by Section 166.021(3)(c), Florida Statutes (1981). Nevertheless

City of Kissimmee v. FLORIDA RETAIL FEDN.

915 So. 2d 205, 2005 Fla. App. LEXIS 16665, 2005 WL 2673857

District Court of Appeal of Florida | Filed: Oct 21, 2005 | Docket: 1310708

Cited 6 times | Published

inconsistent with general law. Art. VIII, § 2(b) Const.; § 166.021(3)(c), Fla. Stat. When the legislature enacts

City of Ormond Beach v. County of Volusia

383 So. 2d 671, 1980 Fla. App. LEXIS 15984

District Court of Appeal of Florida | Filed: Apr 16, 1980 | Docket: 1512464

Cited 6 times | Published

operate its own system under authority of section 166.021, Florida Statutes, and the County operates

M & H PROFIT, INC. v. City of Panama City

28 So. 3d 71, 2009 Fla. App. LEXIS 19475, 2009 WL 4756147

District Court of Appeal of Florida | Filed: Dec 14, 2009 | Docket: 1651922

Cited 5 times | Published

constitution. The Municipal Home Rule Powers Act, section 166.021(4), Florida Statutes (1979), provides in part

City of Miami v. Wellman

875 So. 2d 635, 2004 Fla. App. LEXIS 894, 2004 WL 231192

District Court of Appeal of Florida | Filed: Feb 4, 2004 | Docket: 1683951

Cited 5 times | Published

Thomas v. State, 614 So.2d 468, 470 (Fla.1993). Section 166.021(3), Florida Statutes, of Florida's Municipal

METRO. DADE CTY. FHEAB v. Sunrise Village Mobile Home Park, Inc.

511 So. 2d 962, 12 Fla. L. Weekly 346

Supreme Court of Florida | Filed: Jul 9, 1987 | Docket: 185602

Cited 5 times | Published

hereafter by general law upon municipalities." Section 166.021(3), Florida Statutes (1981), grants to municipalities

Lake Worth Utilities v. City of Lake Worth

468 So. 2d 215, 10 Fla. L. Weekly 104, 10 Fla. L. Weekly Supp. 104, 1985 Fla. LEXIS 3205

Supreme Court of Florida | Filed: Feb 7, 1985 | Docket: 1725492

Cited 5 times | Published

Lake Worth be declared void as violative of section 166.021, Florida Statutes (1983). The Authority's petition

Del Percio v. City of Daytona Beach

449 So. 2d 323

District Court of Appeal of Florida | Filed: Mar 29, 1984 | Docket: 1325848

Cited 5 times | Published

vagueness. [1] Art. VIII, § 2(b), Fla. Const.; § 166.021(1), (2), Fla. Stat. (1981). [2] See 4245 Corporation

City of Panama City v. FLA PUBLIC EMP. RELATIONS COMM'N

364 So. 2d 109, 100 L.R.R.M. (BNA) 2130

District Court of Appeal of Florida | Filed: Nov 17, 1978 | Docket: 461822

Cited 5 times | Published

as otherwise provided by law,' and Fla. Stat. § 166.021(3)(c) (1973) provides that municipalities may

Lifschitz v. City of Miami Beach

339 So. 2d 232, 1976 Fla. App. LEXIS 15915

District Court of Appeal of Florida | Filed: Oct 12, 1976 | Docket: 1435908

Cited 5 times | Published

1974), the Supreme Court of Florida ruled that Section 166.021, Florida Statutes, the home rule statute, was

Snair v. City of Clearwater

787 F. Supp. 1401, 15 Employee Benefits Cas. (BNA) 1040, 1992 U.S. Dist. LEXIS 3530, 1992 WL 59028

District Court, M.D. Florida | Filed: Mar 17, 1992 | Docket: 1793547

Cited 4 times | Published

enacted the "Municipal Home Rule Powers Act." § 166.021(5), Fla.Stat.[2] The pension plan is mandatory

City of New Smyrna Beach v. BD. OF TRUSTEES, INTERNAL IMP. TR. F.

543 So. 2d 824, 1989 WL 48101

District Court of Appeal of Florida | Filed: May 11, 1989 | Docket: 1437301

Cited 4 times | Published

exercised by the state or its political subdivisions. § 166.021(2), Fla. Stat. (1987). See also Ormond Beach v

International Food & Beverage Systems v. City of Fort Lauderdale

664 F. Supp. 482, 1987 U.S. Dist. LEXIS 14005

District Court, S.D. Florida | Filed: Jun 16, 1987 | Docket: 994658

Cited 4 times | Published

by the state or its political subdivisions." § 166.021(2) Fla.Stat. (1983). "[T]he legislative body of

Martinez v. Hernandez

227 So. 3d 1257, 2017 WL 4273433

District Court of Appeal of Florida | Filed: Sep 27, 2017 | Docket: 6158999

Cited 3 times | Published

01(d). Martinez’s final argument is that section 166.021(4), Florida Statutes (2017), precludes the

City of Pembroke Pines v. McConaghey

728 So. 2d 347, 1999 Fla. App. LEXIS 3131, 1999 WL 140737

District Court of Appeal of Florida | Filed: Mar 17, 1999 | Docket: 2536603

Cited 3 times | Published

Section 2, of the Florida Constitution, and section 166.021, Florida Statutes (1995), to impose special

Pierre v. Schlemmer

932 F. Supp. 278, 1996 U.S. Dist. LEXIS 10781, 1996 WL 419849

District Court, M.D. Florida | Filed: Jul 1, 1996 | Docket: 944147

Cited 3 times | Published

be sued. See, Art. VIII, Fla. Const. (1968); § 166.021, Fla.Stat. (Supp.1994); 13 Fla. Jur.2d County

City of Ocala v. Nye

608 So. 2d 15, 17 Fla. L. Weekly Supp. 611, 1992 Fla. LEXIS 1637, 1992 WL 275893

Supreme Court of Florida | Filed: Oct 8, 1992 | Docket: 2528818

Cited 3 times | Published

section 2(b), Florida Constitution,[2] and section 166.021, Florida Statutes (1989),[3] it may exercise

Florida Power Corp. v. Seminole County

579 So. 2d 105, 16 Fla. L. Weekly Supp. 286, 1991 Fla. LEXIS 717, 1991 WL 66662

Supreme Court of Florida | Filed: May 2, 1991 | Docket: 1432389

Cited 3 times | Published

545 So.2d 252 (Fla. 1989). We explained: Section 166.021(3)(c), Florida Statutes (1987), which is part

Pace v. Board of Adjustment

492 So. 2d 412, 11 Fla. L. Weekly 1513

District Court of Appeal of Florida | Filed: Jul 9, 1986 | Docket: 478344

Cited 3 times | Published

shore preservation statewide. We cannot agree. Section 166.021(3)(c), Florida Statutes (1983) provides that

METRO. DADE COUNTY FAIR v. Sunrise Village

485 So. 2d 865, 11 Fla. L. Weekly 714

District Court of Appeal of Florida | Filed: Mar 25, 1986 | Docket: 442206

Cited 3 times | Published

hereafter by general law upon municipalities." Section 166.021(3), Fla. Stat. (1985), in turn provides, with

Wallace v. Town of Palm Beach

624 F. Supp. 864, 1985 U.S. Dist. LEXIS 23855

District Court, S.D. Florida | Filed: Dec 16, 1985 | Docket: 2152162

Cited 3 times | Published

granted by the state enabling act, Fla.Stat. § 166.021, Municipal Home Rule Powers Act, Palm Beach in

County of Volusia v. CITY OF DAYTONA

420 So. 2d 606

District Court of Appeal of Florida | Filed: Oct 6, 1982 | Docket: 1306779

Cited 3 times | Published

upon which the state legislature may act, section 166.021(3)(c) limits its power where a subject is preempted

Rolle v. City of Miami

408 So. 2d 642

District Court of Appeal of Florida | Filed: Dec 22, 1981 | Docket: 1448911

Cited 3 times | Published

City of Miami which have been nullified by section 166.021(4), Florida Statutes (1977). The Municipal

Florida East Coast Ry. Co. v. City of Miami

372 So. 2d 152

District Court of Appeal of Florida | Filed: Jun 12, 1979 | Docket: 1695495

Cited 3 times | Published

supersedes the above special act. Indeed, Section 166.021(4), Florida Statutes (1977), expressly continues

Everett v. City of Tallahassee

840 F. Supp. 1528, 1993 U.S. Dist. LEXIS 18698, 1992 WL 554233

District Court, N.D. Florida | Filed: Jul 2, 1993 | Docket: 1782359

Cited 2 times | Published

pursuant to the Municipal Home Rule Powers Act, Section 166.021, Florida Statutes. The Tallahassee-Leon County

Sexton, Inc. v. City of Vero Beach

555 So. 2d 444, 1990 WL 2691

District Court of Appeal of Florida | Filed: Jan 17, 1990 | Docket: 1724615

Cited 2 times | Published

state or county constitution or general law. Section 166.021(3)(c), Florida Statutes. If a statutory scheme

City Nat. Bank v. City of Coral Springs

475 So. 2d 984, 10 Fla. L. Weekly 2169, 1985 Fla. App. LEXIS 15893

District Court of Appeal of Florida | Filed: Sep 18, 1985 | Docket: 1709946

Cited 2 times | Published

ordinance applicable to condition one. See section 166.021, Florida Statutes (1983). We hold that condition

City of Coconut Creek v. Broward Cty. Bd.

430 So. 2d 959

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 445934

Cited 2 times | Published

general or special law or county charter. See § 166.021(4), Fla. Stat. (1981), and State v. City of Sunrise

State v. City of Pensacola

397 So. 2d 922, 1981 Fla. LEXIS 2660

Supreme Court of Florida | Filed: Apr 23, 1981 | Docket: 2529850

Cited 2 times | Published

The state's first argument is premised on section 166.021(3)(c), Florida Statutes (1979), which states

Sweet Sage Café, LLC v. Town of N. Redington Beach

380 F. Supp. 3d 1209

District Court, M.D. Florida | Filed: Mar 29, 2019 | Docket: 64324440

Cited 1 times | Published

Constitution, Art. VIII, § 2 (b); Fla. Stat. § 166.021(1), (3)(c), (4) ). "Under its broad home rule

Richard Masone v. City of Aventura

147 So. 3d 492, 2014 WL 2609201

Supreme Court of Florida | Filed: Jun 12, 2014 | Docket: 58812

Cited 1 times | Published

provided by law.” (Emphasis added.) See also § 166.021, Fla. Stat. (2008) (relating to the exercise

City of Orlando v. Udowychenko

98 So. 3d 589, 2012 WL 2600293, 2012 Fla. App. LEXIS 10875

District Court of Appeal of Florida | Filed: Jul 6, 2012 | Docket: 60312480

Cited 1 times | Published

except as otherwise provided by law.” However, section 166.021, Florida Statutes (2011), which codified Article

North Port Road & Drainage District v. West Villages Improvement District

82 So. 3d 69, 37 Fla. L. Weekly Supp. 67, 2012 WL 300879, 2012 Fla. LEXIS 235

Supreme Court of Florida | Filed: Feb 2, 2012 | Docket: 60306250

Cited 1 times | Published

See City of Boca Raton, 595 So.2d at 27-28. Section 166.021, Florida Statutes (2008), grants municipalities

City of Aventura v. Masone

89 So. 3d 233, 2011 WL 5964359, 2011 Fla. App. LEXIS 19039

District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 60308732

Cited 1 times | Published

chapter 166, Florida Statutes. For example, section 166.021(3)(c), Florida Statutes states: The Legislature

City of Palm Bay v. Wells Fargo Bank, N.A.

67 So. 3d 271, 2011 Fla. App. LEXIS 3993, 2011 WL 1077576

District Court of Appeal of Florida | Filed: Mar 25, 2011 | Docket: 1244374

Cited 1 times | Published

VIII, section 2(b), Florida Constitution, section 166.021, Florida Statutes and Chapter 162, Florida

MGM Construction Services Corp. v. Travelers Casualty & Surety Co. of America

57 So. 3d 884, 2011 Fla. App. LEXIS 2642, 2011 WL 710191

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60299177

Cited 1 times | Published

as any other municipality, and that under section 166.021(3), municipalities may “enact legislation concerning

Avalon Carriage Service Inc. v. City of St. Augustine

417 F. Supp. 2d 1279, 2006 U.S. Dist. LEXIS 6975, 2006 WL 449250

District Court, M.D. Florida | Filed: Feb 23, 2006 | Docket: 2330496

Cited 1 times | Published

repeal as other ordinances." Florida Statute § 166.021(5). *1289 City Defendants therefore assert the

Mulligan v. City of Hollywood

871 So. 2d 249, 2003 WL 22240267

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 1709431

Cited 1 times | Published

the legislature has expressly forbidden."). Section 166.021(3) recognizes that cities may not legislate

Quiles v. City of Boynton Beach

802 So. 2d 397, 2001 WL 1473601

District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 1698784

Cited 1 times | Published

municipal purposes." Art. VIII, § 2(b), Fla. Const.; § 166.021, Fla. Stat. (2000). In defining the scope of a

Nye v. City of Ocala

559 So. 2d 360, 1990 WL 37482

District Court of Appeal of Florida | Filed: Apr 5, 1990 | Docket: 1524434

Cited 1 times | Published

Art. VIII, section 2(b), Fla. Const., and section 166.021, Florida Statutes, it may exercise any power

City of Daytona Beach Shores v. State

454 So. 2d 651, 1984 Fla. App. LEXIS 14167

District Court of Appeal of Florida | Filed: Jul 19, 1984 | Docket: 444622

Cited 1 times | Published

except when expressly prohibited by law. See also § 166.021, Fla. Stat. A municipal purpose means any activity

City of Miami v. Emilio Tomas Gonzalez

District Court of Appeal of Florida | Filed: Jul 31, 2025 | Docket: 70975387

Published

this would 10 See § 100.3605, Fla. Stat.; § 166.021, Fla. Stat.; § 101.75, Fla. Stat. The statutes

City of Titusville v. Speak Up Titusville, Inc.

District Court of Appeal of Florida | Filed: Dec 26, 2024 | Docket: 69497658

Published

government by the constitution or by general law.” § 166.021(3)(c), Fla. Stat. (2022). Florida law has long

STATE OF FLORIDA v. BRYAN ALLEN REPPLE

District Court of Appeal of Florida | Filed: Jun 14, 2024 | Docket: 68029161

Published

provided for by general or special law. See § 166.021(3)(a), (4), Fla. Stat. (2021) (reiterating that

PBT Real Estate, LLC v. Town of Palm Beach

Court of Appeals for the Eleventh Circuit | Filed: Feb 22, 2021 | Docket: 59672951

Published

imposition of the Assessments violated Fla. Stat. § 166.021(3)(b); and (5) that the Assessments imposed a

Classy Cycles, Inc. v. Bay County

201 So. 3d 779, 2016 Fla. App. LEXIS 14507

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 60257072

Published

law. Art. VIII, § 2(b), Fla. Const.; see also § 166.021(1), Fla. Stat. (2014). The powers granted to non-charter

D'agastino v. the City of Miami

189 So. 3d 236, 2016 Fla. App. LEXIS 4024, 2016 WL 1051850

District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044891

Published

other than those so expressly prohibited.... § 166.021, Fla. Stat. (1973) (emphasis added). The language

Doe v. City of Palm Bay

169 So. 3d 1211, 2015 Fla. App. LEXIS 10846, 2015 WL 4366622

District Court of Appeal of Florida | Filed: Jul 17, 2015 | Docket: 60248833

Published

VIII, Section 2(b), Florida Constitution, and Section 166.021, Florida Statutes, provide the City authority

General Employees Retirement Committee v. City of North Miami Beach

151 So. 3d 1271, 201 L.R.R.M. (BNA) 3629, 2014 Fla. App. LEXIS 19700, 2014 WL 6789914

District Court of Appeal of Florida | Filed: Dec 3, 2014 | Docket: 2610797

Published

to legislate. Art. VIII, § 2(b), Fla. Const.; § 166.021, Fla. Stat. (2013). As the City had the authority

City of Boca Raton v. Siml

96 So. 3d 1140, 2012 WL 3964905, 2012 Fla. App. LEXIS 15316

District Court of Appeal of Florida | Filed: Sep 12, 2012 | Docket: 60311463

Published

purposes, except when expressly prohibited by law.” § 166.021(1), Fla. Stat. With respect to special laws, “[i]t

City of Miami Beach v. Board of Trustees

91 So. 3d 237, 2012 Fla. App. LEXIS 10410, 2012 WL 2400884

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60309851

Published

Florida Statutes), preempts any requirement of Section 166.021(4), Florida Statutes, that the city submit

City of Palm Bay v. Wells Fargo Bank, N.A.

57 So. 3d 226, 2011 Fla. App. LEXIS 241, 2011 WL 180363

District Court of Appeal of Florida | Filed: Jan 21, 2011 | Docket: 60298970

Published

the Florida Constitution, and codified in section 166.021, Florida Statutes. Asserting that ordinance